Intentional Tort Defenses

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What Are Intentional Torts?

Intentional torts are civil law violations that involve intentional acts by the defendant. These are distinguished from violations that are accidental, such as those involving negligence. Intentional torts include acts like: assault, battery, theft, property damage, invasion of privacy, slander/defamation, and other acts.

What Are Some Intentional Tort Defenses?

Tort defenses will of course vary depending on the type of violation involved. The most common defenses to intentional torts include:

Other defenses may apply, such as intoxication or other legal theories. However, these will depend on many different factors, such as the facts surrounding the incident and the rules for that particular jurisdiction. 

How Are Defenses Proven?

Intentional tort defense require extensive proof. The defendant’s attorney may present different forms of evidence to help prove that the defendant is not liable for the plaintiff’s injuries. These can include:

For example, if video footage shows that the plaintiff actually attacked the defendant first, it can be used to help prove a self-defense theory.

Should I Hire a Lawyer for Help with Intentional Tort Defenses?

Defending against intentional tort claims can often be a complex task. It is in your best interests to hire a personal injury lawyer for help with your defense. An experienced lawyer in your area can help provide you with legal research and advice for your case. Also, if you need to appear for a hearing or a court meeting, your attorney can guide you through the process and can represent you during those times. 

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Last Modified: 05-29-2014 12:54 PM PDT

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